LAW OF THE KYRGYZ REPUBLIC

of July 28, 2017 No. 147

About the Disciplinary commission under Judicial council of the Kyrgyz Republic

Accepted by Jogorku Kenesh of the Kyrgyz Republic on June 28, 2017

Chapter 1. General provisions

Article 1. Subject of regulation of this Law

This Law determines the status, procedure for forming, the organization and the principles of activities of the Disciplinary commission under Judicial council of the Kyrgyz Republic (further - the Disciplinary commission) and procedure for involvement of judges to disciplinary responsibility.

Article 2. Status, legal basis and principles of activities of the Disciplinary commission

1. The disciplinary commission is the independent collegiate organ created according to the Constitution of the Kyrgyz Republic.

2. The legal basis of activities of the Disciplinary commission are the Constitution of the Kyrgyz Republic, the constitutional Law of the Kyrgyz Republic "About the status of judges of the Kyrgyz Republic", this Law and other regulatory legal acts of the Kyrgyz Republic.

3. The basic principles of activities of the Disciplinary commission are independence, legality, objectivity, justice, collective nature, spontaneity, publicity, openness, trial ustnost, objectivity of investigation, equality of participants of trial.

Article 3. Powers of the Disciplinary commission

1. Disciplinary commission:

1) considers questions of disciplinary responsibility of judges;

2) imposes authority punishments on judges for making of minor offense by them;

3) agrees to involvement of the judge to the criminal and administrative responsibility imposed judicially;

4) agrees to temporary discharge of the judge from position in case of consent on attraction it to criminal liability (attraction as the person accused);

5) makes the offer to the President of the Kyrgyz Republic (further - the President) about early release from post of the judge of the Supreme Court of the Kyrgyz Republic (further - the Supreme Court), the Constitutional chamber of the Supreme Court of the Kyrgyz Republic (further - the Constitutional chamber of the Supreme Court) for the subsequent introduction of submission to Jogorku Kenesh of the Kyrgyz Republic (further - Jogorku Kenesh) and judges of local court in case of violation of requirements of faultlessness by them;

6) performs other powers provided by this Law.

2. For the purpose of the effective organization of the activities the Disciplinary commission develops and approves regulations of work.

Chapter 2. Procedure for forming and organization of activities of the Disciplinary commission

Article 4. Forming and structure of the Disciplinary commission

1. The disciplinary commission consists of 9 members and is created by the President, Jogorku Kenesh and Judicial council of the Kyrgyz Republic (further - Judicial council) on one third of structure of the commission respectively.

The president, the Jogorku Kenesh and Judicial council represent 3 members of the Disciplinary commission taking into account requirements of gender representation.

2. The disciplinary commission is considered competent after forming at least two thirds of its structure.

3. Chairmen, deputy chairmen of the Supreme Court, Constitutional chamber of the Supreme Court and local courts, deputies of Jogorku Kenesh, prosecutors, law enforcement officers, lawyers, members of council of judges and Council for selection of judges of the Kyrgyz Republic cannot be part of the Disciplinary commission.

Article 5. Requirements imposed to alternate members of the Disciplinary commission

1. Alternate members of the Disciplinary commission shall be not younger than 40 years, have the higher legal education, work experience on legal specialty at least 15 years and faultless reputation. The candidates provided from judicial community shall have length of service in judgeship at least 5 years.

2. Persons cannot be alternate members of the Disciplinary commission:

1) having the criminal record including extinguished or removed;

2) earlier exempted from judgeship in connection with not irreproachable behavior;

3) the ranks of the employee of law enforcement agency dismissed from law enforcement agencies in connection with discredit or the deprived licenses for the occupation right lawyer activities;

4) suspects or persons accused of crime execution or concerning which criminal prosecution is stopped on not rehabilitating bases;

5) being members of political parties;

6) having nationality of foreign state or not having nationality of the Kyrgyz Republic.

Article 6. Term of office of the Disciplinary commission

1. The term of office of structure of the Disciplinary commission constitutes 3 years from the date of the first meeting.

2. In case of early termination of powers of the member of the Disciplinary commission the new member shall be provided by relevant organ to Judicial council no later than one month on remaining period of powers of the Disciplinary commission taking into account requirements of gender representation in time.

3. The same person cannot be the member of the Disciplinary commission more than two terms in a row.

4. In case of the expiration of terms or the termination of powers of the bodies creating structure of the Disciplinary commission, change of structure of parliamentary majority and parliamentary opposition members of the Disciplinary commission continue to perform the powers before the end of term of office.

5. Forming of new structure of the Disciplinary commission begins in 3 months prior to the end of term of office of the acting structure.

Article 7. Bases for early termination of powers of the member of the Disciplinary commission

1. The member of the Disciplinary commission ahead of schedule stops powers on the following bases:

1) filing of application;

2) departure on the permanent residence out of limits of the Kyrgyz Republic;

3) terminations of nationality of the Kyrgyz Republic;

4) introductions in legal force of conviction of court or the resolution on the termination of criminal prosecution on not rehabilitating bases;

5) entries into force of the judgment about its recognition it is limited capable or incapacitated;

6) death or entries into force of the judgment about recognition by his dead;

7) entries into force of the judgment about its recognition it is unknown absent;

8) the omission of meetings of the Disciplinary commission without valid excuse three and more times within year;

9) disclosure of confidential information on disciplinary material;

10) identifications of the facts of provision of unreliable information.

2. Powers of the member of the Disciplinary commission who is the judge and the government employee stop ahead of schedule also in cases of the termination of powers of the judge and dismissal of the government employee.

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